Thirty-seventh session (1989)
General comment No. 18: Non-discrimination
1.
Non-discrimination, together with equality before the law and equal protection of the law
without any discrimination, constitute a basic and general principle relating to the protection of
human rights. Thus, article 2, paragraph 1, of the International Covenant on Civil and Political Rights
obligates each State party to respect and ensure to all persons within its territory and subject to its
jurisdiction the rights recognized in the Covenant without distinction of any kind, such as race,
colour, sex, language, religion, political or other opinion, national or social origin, property, birth or
other status. Article 26 not only entitles all persons to equality before the law as well as equal
protection of the law but also prohibits any discrimination under the law and guarantees to all
persons equal and effective protection against discrimination on any ground such as race, colour, sex,
language, religion, political or other opinion, national or social origin, property, birth or other status.
2.
Indeed, the principle of non-discrimination is so basic that article 3 obligates each State
party to ensure the equal right of men and women to the enjoyment of the rights set forth in the
Covenant. While article 4, paragraph 1, allows States parties to take measures derogating from
certain obligations under the Covenant in time of public emergency, the same article requires, inter
alia, that those measures should not involve discrimination solely on the ground of race, colour, sex,
language, religion or social origin. Furthermore, article 20, paragraph 2, obligates States parties to
prohibit, by law, any advocacy of national, racial or religious hatred which constitutes incitement to
discrimination.
3.
Because of their basic and general character, the principle of non-discrimination as well as
that of equality before the law and equal protection of the law are sometimes expressly referred to
in articles relating to particular categories of human rights. Article 14, paragraph 1, provides that all
persons shall be equal before the courts and tribunals, and paragraph 3 of the same article provides
that, in the determination of any criminal charge against him, everyone shall be entitled, in full
equality, to the minimum guarantees enumerated in subparagraphs (a) to (g) of paragraph 3.
Similarly, article 25 provides for the equal participation in public life of all citizens, without any of the
distinctions mentioned in article 2.
4.
It is for the States parties to determine appropriate measures to implement the relevant
provisions. However, the Committee is to be informed about the nature of such measures and their
conformity with the principles of non-discrimination and equality before the law and equal
protection of the law.
5.
The Committee wishes to draw the attention of States parties to the fact that the Covenant
sometimes expressly requires them to take measures to guarantee the equality of rights of the
persons concerned. For example, article 23, paragraph 4, stipulates that States parties shall take
appropriate steps to ensure equality of rights as well as responsibilities of spouses as to marriage,
during marriage and at its dissolution. Such steps may take the form of legislative, administrative or
other measures, but it is a positive duty of States parties to make certain that spouses have equal
rights as required by the Covenant. In relation to children, article 24 provides that all children,
without any discrimination as to race, colour, sex, language, religion, national or social origin,
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